PC Res 2526RESOLUTION NO. 2526
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL
CODE, CHAPTER 21.88.050 (PENALTIES). TA 88-01
AFter notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after presentation
by the Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, and based upon the following
findings, the Commission did determine that there was a significant need to
amend Chapter 21.88.050 (Penalties) of the Campbell Municipal Code.
The City Attorney is of the opinion that this change would give the City
more latitude by being able to choose whether to issue a citation as an
infraction or a misdemeanor.
Currently, violations of the Zoning Ordinance are all misdemeanors, which
is a more serious violation than an infraction, with the possibility of
jail time. The infraction customarily would result in a small fine.
3. By approving this amendment, the City could decide for each offense which
type of citation would be appropriate.
The Planning Commission does hereby recommend that the City Council adopt the
attached Ordinance enacting the necessary legislation to make the proposed text
amendment effective.
PASSED AND ADOPTED this 12th day of April 1988 by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Stanton, Perrine, Walker, Christ
Kasolas, Olszewski, Dickson
None
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING SECTION
21.88.040 (PENALTIES) OF THE CAMPBELL
MUNICIPAL CODE (TA 88-01)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.88.040 (Penalties) of the Campbell
Municipal Code is hereby amended as set forth in Exhibit A, attached hereto.
SECTION TWO: This Ordinance shall become effective thirty days following its
passage and adoption and shall be published once within fifteen days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this day of , 19 , by the following
roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
William R. Podgorsek, Mayor
ATTEST:
Barbara Olsasky, City Clerk
EXHIBIT A
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBRLT. AMENDING SECTION
21.88.040 OF THE CAMPBELL MUNICIPAL CODE,
REVISED PENALTIES
The City Council of the City of Campbell does ordain as follows:
SECTION 1: Chapter 2L88 of the Campbell Municipal Code, Revised, is
hereby emended by deleting Section 21.88.040 as it presently reads, and
revising the Section to read as follows:
21.88.040 Penalties.
(a) It is unlawful for any person, firm or corporation to violate any
provision, or fail to comply with any mandatory requirement of this
Title. Except as otherwise provided in subsection (b), any entity
violating any provision, or failing to comply with any mandatory
requirement of this Title is guilty of'an infraction, and upon
conviction shall be punished by a fine of not more than $100.00
(b) Notwithstanding any provision to the contrary, any person, firm
or corporation committing any act made Unlawful pursuant to subsection
(a) shall be guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not more than $1,000.00 and/or imprisonment of
not more than six (6) months, if any of the following circumstances
exists:
(1) The violation was committed willfully or with knowledge of
its illegality;
· (2) The violator does not cease, or otherwise abate the
violation after receiving notice of such violation;
(3) The violator has previously been convicted of violating the
seme provision of this Title within two (2) years of the
currently charged violation; or
(4) The provision violated specifies that such violation shall
be a misdemeanor.
(c) Each person, firm or corporation violating any provision, or
failing to comply with the mandatory requirements of this Title shall
be deemed guilty of a separate offense for each and every day during
any portion of which any violation of any provision of this Title is
committed, continued, or permitted by such person, firm or
corporation, and shall be punishable as provided in this section. Any
use not specifically permitted'under the provisions governing the zone
in ~hich such use is located shall be considered a violation of this
Title.